Thursday 14 December 2017

TSHEPO RICKI KGOSITAU COMES OUT VICTORIOUS



Tshepo Ricki Kgositau, transgender woman was suing Botswana government for refusing to legally recognize her as female in a case that could force a conservative society to address the rights of the gay, lesbian and transgender community.
Tshepo Ricki Kgositau, the executive director of South African-based Gender Dynamix, an organization that advocates for human rights of transgender and gender diverse people, said she has since a very early age identified as a woman.
The case was due to be heard on Friday 4th August but was postponed to December.
In court papers, Kgositau asked the High Court to change the gender marker on her identity document from ‘male’ to ‘female’.
She said that the incorrect reflection of her gender on her identity document was causing her emotional distress and increased her vulnerability to abuse and violence.
The application included supporting evidence from her mother, siblings and relatives, as well as psychological and medical evidence to the effect that her “innate gender identity is, and has since an early age, always been female and that her family has embraced her and loved her as a woman”.
A conservative nation of 2 million people, Botswana has been reluctant to fully acknowledge the rights of the LGBT community.

After a seemingly endless battle, patience paid off as Tshepo Ricki Kgositau won her case against the state as Attorney General represented by Otlaadisa Kwape withdrew their opposition in this land mark transgender case, after the government had refused to change her identity card (ID) marker from male to female. The case was before Justice Leatile Dambe yesterday (12 December 2017).

Withdrawal of opposition has been granted and register of births and deaths ordered to recognise Kgositau as female within 7days.

Furthermore the court ordered that she be issued a new identity card indicating her gender marker as female within 21days. All at the expenses of the Attoney General.

Lesego Nchunga was the one representing Kgositau in this case. It was a day of victory for her and the judge wished her good luck in the future.

This is also a victory for Rainbow identity Association as it sets precedence for the Trans community. Now that the court recognizes the transgender community we believe that everyone will have the identity card that reflects their true gender. The battle for the Trans community is far from being over despite this victory. There is need for general public sensetisation. It’s is our belief as the organization that the registrar of Birth and Death will comply with the court order and the minister of Labour and Home Affairs Mr Edwin Batshu will advocate for amendment of the Birth and Death Act to recognize gender mark for transgender persons. 

For more information contact
Urbenia Kgware
Media Officer
3905493
Email
Skipper Mogapi
Director
3905493/72595878
Email skippermo@gmail.com




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